APHC010440212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8918/2025 Between: VEMULA SREEKANTH, S/O V. VENKATASWAMI, AGED ABOUT 37 YEARS, D.NO. 6-33, VELIGALLU, GURRAMKONDA, ANNAMAYYA DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep., by the Public Prosecutor, High Court, Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: BILAAL AHMED SYED Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.8918 of 2025 Dated 06.10.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused for granting of pre-arrest bail in connection with FIR No.142 of 2025 of Kadapa I Town Police Station, Kadapa District, was registered for the alleged offences punishable under Section 409 of the Indian Penal Code, 1860 (for brevity ‘the IPC’). 2. The case of the prosecution is that the petitioner, who is a postman of Beat No.9, Kadapa Head Post Office, committed an offence by not depositing the amount on the stipulated date. For non-depositing the alleged amount, the present case has been registered. 3. Sri Bilaal Ahmed Syed, the learned counsel for the petitioner, contends that the petitioner is the innocent of the alleged offence and he has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned 3 Dr. YLR, J Crl.P.No.8918 of 2025 Dated 06.10.2025 counsel prays that the present petition be allowed in the interest of justice. 4. Per contra, Mr.Neelotphal Ganji, the learned Assistant Public Prosecutor vehemently opposed to grant of pre-arrest bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on pre-arrest bail, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law, and urged to dismiss the petition. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioner is working as a postman in Kadapa Head Post Office. The Superintendent of Post Offices forwarded a letter to the Station House Officer, I Town Police Station, Kadapa, alleging that the petitioner, being a postman at Beat No.9 of Kadapa Head Post Office, had misappropriated public money to the tune of Rs.75,000/- on different dates. The petitioner is now under suspension. The learned counsel for the petitioner filed a memo stating that the sum of Rs.75,000/-, which was allegedly misappropriated by the petitioner, 4 Dr. YLR, J Crl.P.No.8918 of 2025 Dated 06.10.2025 was deposited on 29.10.2024 vide Document No.1503904905 under GL Code 8855300100. It is further submitted that the petitioner had been under medical treatment from 23.01.2024 to 28.10.2024 due to a tear injury, and to that effect, a medical certificate has been filed. Pursuant to the report of the Superintendent of Post Offices, Crime No.142 of 2025 was registered for the offence under Section 409 IPC. The alleged incidents are said to have taken place between 2017 and 2024. The petitioner credited the amounts at the SB counter on 20.01.2024 for Rs.25,000/-, on 21.01.2024 for Rs.25,000/-, and on 22.01.2024 for Rs.25,000/-. So far, two witnesses have been examined. The substantial portion of the investigation is completed. The petitioner is a permanent resident of Veligallu, Gurramkonda, Annamayya District, and has a fixed abode. The petitioner is a Central Government employee, but is currently under suspension. The alleged misappropriated amount has already been deposited by the petitioner with the Postal Department. 8. Considering the gravity and nature of the allegations leveled against the petitioner/accused, this Court deems it fit to grant pre-arrest bail to the petitioner/accused. 5 Dr. YLR, J Crl.P.No.8918 of 2025 Dated 06.10.2025 9. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of his arrest, the petitioner/Accused shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of the arresting police officials; ii. The petitioner/Accused shall make himself available for investigation as and when required; iii. The petitioner/Accused shall not cause any threat, inducement or promise to the prosecution witnesses; iv. The petitioner/Accused shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. v. The petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without the express 6 Dr. YLR, J Crl.P.No.8918 of 2025 Dated 06.10.2025 permission from the Station House Officer concerned. vi. The petitioner/Accused shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. _______________________ DR. Y. LAKSHMANA RAO, J Date: 06.10.2025 RSI 7 Dr. YLR, J Crl.P.No.8918 of 2025 Dated 06.10.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.8918 of 2025 Date: 06.10.2025 RSI